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Sandhu

B2 visa and Adjustment of Status

By Sandhu in Working & Traveling During US Immigration

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Sandhu Rookie

Sandhu   0

Posted
Filed: IR-1/CR-1 Visa Country: Nepal
 Timeline
Posted

Hi,

I am in United State on B2 Visa. I applied Adjustment of Status (I-485) and it is accepted by USCIS, But the status is still in pending state. I just recently applied for Advance Parole (I-131) application for Travel document. I am planning to go back to my home country for couple of months. I was going over I-131 filling instruction and I saw one statement there- ' particular problem for people who had been unlawfully present in the U.S. for 180 days or more; and it remains a problem for anyone who is inadmissible'.

 

Now I am confuse, Can I make a travel to home country because my stay in US will be more than 180 days. 

 

Any help is appreciated, Thanks

Sandhu

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nastra30 Experienced

nastra30   2,287

Posted
Filed: IR-1/CR-1 Visa Country: Ghana
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Posted
48 minutes ago, Sandhu said:

Hi,

I am in United State on B2 Visa. I applied Adjustment of Status (I-485) and it is accepted by USCIS, But the status is still in pending state. I just recently applied for Advance Parole (I-131) application for Travel document. I am planning to go back to my home country for couple of months. I was going over I-131 filling instruction and I saw one statement there- ' particular problem for people who had been unlawfully present in the U.S. for 180 days or more; and it remains a problem for anyone who is inadmissible'.

 

Now I am confuse, Can I make a travel to home country because my stay in US will be more than 180 days. 

 

Any help is appreciated, Thanks

Sandhu

On what basis are you adjusting? Marriage to a USC?

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SusieQQQ Grand Master

SusieQQQ   11,586

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Filed: Citizen (apr) Timeline
Posted

There is a difference between overstay and unlawful presence. If your application for AOS has been accepted, you are in overstay but not unlawfully present after your B authorized stay expires. (However, neither are you in authorized stay - just not accruing unlawful presence.)  I presume you understand it could take up to 8 months or sometimes more ti get the advance parole document.

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